0120113277
11-21-2012
Delores M. Stuckey, Complainant, v. Joshua Gotbaum, Director, Pension Benefit Guaranty Corporation, Agency.
Delores M. Stuckey,
Complainant,
v.
Joshua Gotbaum,
Director,
Pension Benefit Guaranty Corporation,
Agency.
Appeal No. 0120113277
Agency No. FC 011-2011
DECISION
Upon review, the Commission finds that the Agency's decision dated May 27, 2011, dismissing Complainant's complaint due to untimely filing of a formal complaint is proper pursuant to 29 C.F.R. � 1614.107(a)(2). For the following reasons, we AFFIRM the Agency's decision.
BACKGROUND
The record indicates that on November 11, 2010, Complainant contacted an EEO Counselor concerning her complaint. Unable to resolve the matter informally, Complainant received a Notice of Right to File a Formal Complaint on February 14, 2011. On March 17, 2011, Complainant filed the instant complaint alleging discrimination based on race (African-American) and age (over 40). Specifically, Complainant alleged that she was subjected to a hostile work environment when starting three years ago and most recently in October 2010, she did not receive an outstanding performance rating although all of non African-American managers received outstanding ratings; she was given a "final performance plan" and did not have any "performance discussions" throughout the year; and, she did not receive "other deserved financial awards as other managers [non African-American] did." The Agency dismissed the complaint since it was filed beyond the 15-day time limit.
ANALYSIS AND FINDINGS
The record indicates that on February 14, 2011, Complainant was clearly informed of the 15-day time limit to file her complaint. Complainant acknowledged her receipt of the final notice by signing the notice on February 14, 2011. However, Complainant did not file her formal complaint until March 17, 2011, which was beyond the limitation period. 29 C.F.R �1614.106(b). On appeal, Complainant fails to offer any adequate justification to warrant an extension of the time limit for filing the complaint.
CONCLUSION
Accordingly, the Agency's final decision is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or the Agency submits a written request containing arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation of material fact or law; or
2. The appellate decision will have a substantial impact on the policies, practices, or operations of the Agency.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision or within twenty (20) calendar days of receipt of another party's timely request for reconsideration. See 29 C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (November 9, 1999). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC 20013. In the absence of a legible postmark, the request to reconsider shall be deemed timely filed if it is received by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. � 1614.604. The request or opposition must also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted with your request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0610)
You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. "Agency" or "department" means the national organization, and not the local office, facility or department in which you work. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action. Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
11/21/12
__________________
Date
2
0120113277
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013